Under the circumstances, this appeal is deemed to be authorized under 10 Del. C. ยง 9902 and Supreme Court Rule 6. The Superior Court relied on the case of State v. Parson, Del.Super., 509 A.2d 90 (1986), in reaching its decision that the convictions amounted to a violation of the double jeopardy clause. In the Parson case the Superior Court ruled that when faced with convictions which, if allowed to stand, would violate the double jeopardy clause, the court, and not the State, must select which conviction is to be vacated.
Defendant contends that she cannot be sentenced for both the trafficking and the possession with intent to deliver convictions because this would impose multiple punishments for a single criminal act. The submissions have focused primarily on the Delaware Supreme Court decision in Jefferson v. State, Del.Supr., 543 A.2d 339 (1988) (Order), and this Court's decisions in State v. Parson, Del.Super., 509 A.2d 90 (1986); State v. Geller, Del.Super., IN-85-11-0834, IN-85-12-1771-1775, 1987 WL 8690, Balick, J. (February 5, 1987) (Letter Op.); and State v. Skyers, Del.Super., Cr.A. Nos. IN-86-02-0775, IN-86-03-0339, 1988 WL 55311, Martin, J. (May 31, 1988) (Memo. Op.), motion for reconsideration denied, 1988 WL 77712, Martin, J. (July 21, 1988) (Memo.Op.). All of these cases considered whether simultaneous conviction and sentencing on a charge of drug trafficking and a charge of possession of a drug with intent to deliver it, involving the same occurrence and the same drug, violated double jeopardy.